County council and covenants

mscroft

Yes, I will. Thank you for responding. Luckily we have no plans to sell. It’s a bungalow we downsized to, after our children flew the nest. During covid I was diagnosed with cancer and spent most of 2020 and 2021 shielding, so my garden became my world. It’s beautiful now, having spent many thousands of pounds on it. My life still, is very much within my home/garden and I never bother a soul. Just saddens me that people can be so vindictive. The person who reported me has absolutely nothing to gain!

mscroft

We have heard from the council that they are looking at land registry documents to ascertain who owns the land. All our documents from the purchase, very clearly show that the piece of land in question is within our boundary. 

Would the council have access to anything different to what we have?

Section62

mscroft said:

We have heard from the council that they are looking at land registry documents to ascertain who owns the land. All our documents from the purchase, very clearly show that the piece of land in question is within our boundary. 

Would the council have access to anything different to what we have?

They could have Highway adoption plans, or planning drawings.  Or documents regarding the transfer of land/rights which weren't in the pack from the purchase.

Also bear in mind that the typical land registry title plan is just based on OS 1:1250 or 1:2500 mapping - and this indicates a 'general' boundary position, not necessarily the true one.

And that the land can belong to you, but still be Highway.

mscroft

The documents we have say it’s not part of the highway and there’s no public rights of way. The plan, which I know may not be completely accurate, kicks out to include the verge….a path before and after it, is not included. And this is the same for all the plans we have….sewers and drains, as well as the title plan. They are hoping to have it resolved next week. I’ve googled it and couldn’t get a definitive answer, so just wondered if they would have access to anything we don’t. 

mscroft

As expected, the council have now admitted it’s our land but will pursue a breach of covenant instead. I’m considering putting in an official complaint to their website regarding a covenant breach elsewhere to see if the response is “we don’t investigate breaches of covenants” as their website suggests. 

The former approval from the council is “irrelevant” and if we have a problem with that, we should take it up with them!
 We don’t have a problems with it. Our initial enquiry was sent thru the official channels and was taken up by a department who came to our house and discussed our plans. Approval was granted and public money spent to facilitate our plans. Why would I question their authority, and if a mistake has been made why is it my problem? We had the garden landscaped at huge cost. It will cost thousands more to undo it.

14 other houses have this “service strip” but we are the only one with it on the side at the back, being on a corner. All have been landscaped in exactly the same way yet they are not being targeted. The impact of undoing it is huge. Its feeling really personal now, bordering on malicious. There is no advantage to anyone, not even the complainant as they still can’t park there.

How do we resolve this without a costly legal battle? I really don’t know what else to do.

Section62

mscroft said:

As expected, the council have now admitted it’s our land but will pursue a breach of covenant instead. I’m considering putting in an official complaint to their website regarding a covenant breach elsewhere to see if the response is “we don’t investigate breaches of covenants” as their website suggests.

As people have previously said, councils don't usually act on other people's behalf over breaches of covenant.  That doesn't mean they won't act on a breach which impacts on them.  If their response is “we don’t investigate breaches of covenants” that doesn't mean they won't/can't take action against you.

Bear in mind formally complaining about someone else may set in train events which could have an adverse impact on you.  You could end up with 14 neighbours who don't like you very much.

mscroft said:

The former approval from the council is “irrelevant” and if we have a problem with that, we should take it up with them!
 We don’t have a problems with it. Our initial enquiry was sent thru the official channels and was taken up by a department who came to our house and discussed our plans. Approval was granted and public money spent to facilitate our plans. Why would I question their authority, and if a mistake has been made why is it my problem? We had the garden landscaped at huge cost. It will cost thousands more to undo it.

If you were given 'approval' which wasn't legally valid then it may be regarded as a nullity.  It isn't "your problem" as such, but it may get very expensive if you want to legally challenge the council's intention to reverse the effects of the mistaken 'approval'.

mscroft said:

How do we resolve this without a costly legal battle? I really don’t know what else to do.

I'd suggest the best approach would be to complain about the original mistake - giving you approval - which led you to spend money and the need to spend further money to put things 'right'.  Ultimately there is a potential Ombudsman complaint in that you've suffered a loss as a result of a council error.

There are quite a few unknowns in your situation, and really if you are thinking of taking the council on then you'd be best advised to seek professional advice from a solicitor (ideally specialising in public administration)

mscroft

Thank you. I may string it out and see where it leads. I’ve spoken to the solicitor who we used for the house purchase and will see what they come back with. I couldn’t take a legal battle, even if we were likely to win. I just couldn’t take the stress or financial hardship.

mscroft

I’m even more confused!

so we put in a FOI request to our district council, and county council and there are NO outstanding complaints against us/our address. We received stuff about green bin and that was it. we responded to both to double check and they say there’s nothing whatsoever.

does anyone know what that might mean? We’ve been told from the outset, there’s been a complaint. It’s absolutely bonkers!

Section62

mscroft said:

I’m even more confused!

so we put in a FOI request to our district council, and county council and there are NO outstanding complaints against us/our address. We received stuff about green bin and that was it. we responded to both to double check and they say there’s nothing whatsoever.

does anyone know what that might mean? We’ve been told from the outset, there’s been a complaint. It’s absolutely bonkers!

You confirmed they had no records of complaints, rather than them not providing information about the complaints using one (or more) of the exemptions?

If so, then it is alternatively possible the complaint is recorded against the location (e.g. land adjoining 1 Acacia Avenue) rather than against you or your property.

Was you FOI request sufficiently vague to capture land/property outside your own boundary? (Notwithstanding the issue over what land you own/is 'yours')

mscroft

Yes it was vague and would have covered this. My husband went back to them and told them our problem and they both confirmed there’s no complaint. I’m so baffled!